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020 _a9783031620980
_9978-3-031-62098-0
024 7 _a10.1007/978-3-031-62098-0
_2doi
050 4 _aK201-487
050 4 _aK140-165
072 7 _aLAB
_2bicssc
072 7 _aLAW000000
_2bisacsh
072 7 _aLAB
_2thema
100 1 _aCar, Ronald.
_eauthor.
_4aut
_4http://id.loc.gov/vocabulary/relators/aut
_980500
245 1 0 _aSearching for a Leftist Constitutionalism
_h[electronic resource] :
_bThe German Left vs the Rechtsstaat 1848-1949 /
_cby Ronald Car.
250 _a1st ed. 2024.
264 1 _aCham :
_bSpringer Nature Switzerland :
_bImprint: Springer,
_c2024.
300 _aVI, 208 p.
_bonline resource.
336 _atext
_btxt
_2rdacontent
337 _acomputer
_bc
_2rdamedia
338 _aonline resource
_bcr
_2rdacarrier
347 _atext file
_bPDF
_2rda
490 1 _aStudies in the History of Law and Justice,
_x2198-9850 ;
_v30
505 0 _aIntroduction: Leftist constitutionalism and the Rechtsstaat – the ongoing relevance of a historical controversy -- The Rechtsstaat and the left in the 1848 revolution -- The Rechtsstaat in Bismarck’s times -- Room for the Rechtsstaat in times of extremes -- Germany year zero: which Rechtsstaat? -- Conclusion: Constitutionalism and the left - a hindrance or an opportunity?.
520 _aIs there a viable leftist constitutionalism that we can juxtapose with liberal constitutionalism, or is there really no alternative? If the left is considered an a priori enemy of the principle of the rule of law, the equal chance condition proves illusory. Accordingly, those asking for changes to social institutions will deem constitutionalism undemocratic. Hence, in our times of silent de-constitutionalization at the global level and rising populism and democratic backsliding at the national level, this book offers a valuable opportunity to reconsider one of the founding principles of liberal constitutionalism, the Rechtsstaat. It re-examines the controversies that accompanied the affirmation of the concept in a long-term perspective, from 1848 to the post-World War II constitutional debates. Since 1848 the German left has challenged the dominant liberal view of legitimacy, mainly by adopting Marx’s critique of the ideology of law and the state. Thus, the left has had to challenge not only the established order, but also the mainstream political and legal culture generated by the liberal discourse on rights. In search of constitutional viability, the left has oscillated between two tendencies. On the one hand, it has denounced the discourse on rights as an ideological smokescreen used by the ruling class to keep us from paying more attention to the actual level of democracy within the parties, the governmental bodies and in everyday social relations. On the other hand, the left has attempted to adjust its platform to the mainstream idea of constitutional legitimacy by devising its own sozialer Rechtsstaat. However, the break-even point has proven hard to find. If the acceptance of liberal principles was seen as less than wholehearted, leftist constitutional proposals aroused suspicions of a coverup for an unconstitutional rule (Unrechtsstaat). On the other hand, when the left has accepted liberal constitutional principles in full, its potential to challenge the social status quo has ultimately proven to be disappointing. The controversy culminated in a desperate and largely unknown attempt to devise a constitutional compromise between Liberalism and Socialism in East Berlin in the wake of the Cold War. Although doomed to fail and devoid of democratic credibility, the debates of the East German constitutional commission in 1948 offer important insights into a century of experiences, trials and errors in constitution-making seen from the leftist perspective.
650 0 _aLaw
_xPhilosophy.
_967596
650 0 _aLaw
_xHistory.
_967597
650 1 4 _aTheories of Law, Philosophy of Law, Legal History.
_967600
710 2 _aSpringerLink (Online service)
773 0 _tSpringer Nature eBook
776 0 8 _iPrinted edition:
_z9783031620973
776 0 8 _iPrinted edition:
_z9783031620997
776 0 8 _iPrinted edition:
_z9783031621000
830 0 _aStudies in the History of Law and Justice,
_x2198-9850 ;
_v30
_980501
856 4 0 _uhttps://doi.org/10.1007/978-3-031-62098-0
912 _aZDB-2-LCR
912 _aZDB-2-SXLC
999 _c61562
_d61562